Section 423 BNSS: Form and Requirements of an Appeal

Code: Section 423 BNSS

Every appeal shall be made in the form of a petition in writing presented by the appellant or his advocate, and every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against.

Explanation of Section 423 BNSS

Section 423 of the Bharatiya Nyaya Sanhita, 2023 (BNSS) lays down the fundamental procedural requirement for filing an appeal in a criminal case. It ensures that appeals are presented in a structured manner, allowing the appellate court to assess the grounds of the challenge effectively.

Key Provisions of Section 423 BNSS

1. Written Petition Requirement:
   • Every appeal must be submitted in writing.
   • It should be formally drafted by the appellant or their advocate.
2. Submission of Judgment Copy:
   • The petition should be accompanied by a copy of the judgment or order being challenged.
   • If the appellate court permits, this requirement may be waived in exceptional cases.
3. Purpose of the Provision:
   • Ensures transparency and clarity in appeals.
   • Helps the appellate court understand the context and grounds for the appeal.
   • Avoids frivolous appeals by making documentation a prerequisite.

Illustration

Example 1: Filing an Appeal Against Conviction

A person convicted under Section 103 BNSS wants to challenge the verdict. Their advocate prepares a formal petition and submits it along with a copy of the judgment.

Example 2: Appeal Without Judgment Copy

A businessman convicted of fraud under Section 315 BNSS files an appeal but forgets to attach the judgment copy. The appellate court may, in exceptional circumstances, allow the appeal without the copy.

Common Questions and Answers on Section 423 BNSS

1. Why is a written petition necessary for an appeal?

A written petition provides a clear record of the appellant’s grounds for appeal, ensuring that the court understands the reasons behind the challenge.

2. Can an appeal be filed without attaching the judgment copy?

Generally, no. However, the court has the discretion to allow an appeal even without the judgment copy in specific cases.

3. Who can file the appeal under Section 423 BNSS?

The appeal can be filed by the appellant (the convicted or aggrieved party) or their advocate.

4. What happens if an appeal does not meet these requirements?

The court may reject the appeal if it does not comply with the procedural requirements, unless it grants a special exemption.

Conclusion

Section 423 BNSS ensures a systematic and fair appeal process by requiring appeals to be formally written and supported with relevant documents. This provision plays a crucial role in maintaining judicial efficiency and preventing unnecessary legal disputes.

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